Johnson v. The Scott Company

Filing 22

ORDER OF DISMISSAL. Signed by Judge Algenon L. Marbley on 6/29/2012. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

WILLIAM E. JOHNSON,
Plaintiff,
v.
THE SCOTTS COMPANY
Defendant.

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Case No. 2:11-CV-0020
JUDGE ALGENON L. MARBLEY
Magistrate Judge Deavers

ORDER OF DISMISSAL
This Court, in its Order of December 21, 2011, granted Defendant’s Motion to Dismiss
Plaintiff’s Complaint pursuant to Fed. R. Civ. P 12(b)(6), because the Complaint failed to allege
facts sufficient to support a plausible claim of racial discrimination. (Dkt. 20.) In that same
Order, pursuant to its discretion under Fed. R. Civ. P. 15(a)(2) to “freely give leave” for a party
to amend pleadings “when justice so requires,” the Court granted Plaintiff leave to remedy the
deficiencies in his Complaint, “if they can be so remedied.” Id.
Plaintiff has neglected to attempt to amend his Complaint in the interim months. Having
had ample opportunity to amend his Complaint, but nevertheless having failed to do, the Court
hereby DISMISSES Plaintiff’s Complaint with prejudice, for the reasons stated in its prior
Order. The case is dismissed.

IT IS SO ORDERED.
s/Algenon L. Marbley
Algenon L. Marbley
DATED: June 29, 2012